SENATE BILL 6178
State of Washington | 68th Legislature | 2024 Regular Session |
BySenators Randall, Torres, Nobles, Trudeau, Kuderer, Dhingra, Saldaña, Shewmake, and C. Wilson
Read first time 01/11/24.Referred to Committee on Health & Long Term Care.
AN ACT Relating to aligning the legend drug act to reflect the prescriptive authority for licensed midwives; and amending RCW
69.41.010 and
69.41.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
69.41.010 and 2023 c 460 s 21 are each amended to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:
(1) "Administer" means the direct application of a legend drug whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(a) A practitioner; or
(b) The patient or research subject at the direction of the practitioner.
(2) "Commission" means the pharmacy quality assurance commission.
(3) "Community-based care settings" include: Community residential programs for persons with developmental disabilities, certified by the department of social and health services under chapter
71A.12 RCW; adult family homes licensed under chapter
70.128 RCW; and assisted living facilities licensed under chapter
18.20 RCW. Community-based care settings do not include acute care or skilled nursing facilities.
(4) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a legend drug, whether or not there is an agency relationship.
(5) "Department" means the department of health.
(6) "Dispense" means the interpretation of a prescription or order for a legend drug and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(7) "Dispenser" means a practitioner who dispenses.
(8) "Distribute" means to deliver other than by administering or dispensing a legend drug.
(9) "Distributor" means a person who distributes.
(10) "Drug" means:
(a) Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;
(b) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or animals;
(c) Substances (other than food, minerals or vitamins) intended to affect the structure or any function of the body of human beings or animals; and
(d) Substances intended for use as a component of any article specified in (a), (b), or (c) of this subsection. It does not include devices or their components, parts, or accessories.
(11) "Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems. The term does not include a prescription or refill authorization transmitted verbally by telephone nor a facsimile manually signed by the practitioner.
(12) "In-home care settings" include an individual's place of temporary and permanent residence, but does not include acute care or skilled nursing facilities, and does not include community-based care settings.
(13) "Legend drugs" means any drugs which are required by state law or regulation of the pharmacy quality assurance commission to be dispensed on prescription only or are restricted to use by practitioners only.
(14) "Legible prescription" means a prescription or medication order issued by a practitioner that is capable of being read and understood by the pharmacist filling the prescription or the nurse or other practitioner implementing the medication order. A prescription must be hand printed, typewritten, or electronically generated.
(15) "Medication assistance" means assistance rendered by a nonpractitioner to an individual residing in a community-based care setting or in-home care setting to facilitate the individual's self-administration of a legend drug or controlled substance. It includes reminding or coaching the individual, handing the medication container to the individual, opening the individual's medication container, using an enabler, or placing the medication in the individual's hand, and such other means of medication assistance as defined by rule adopted by the department. A nonpractitioner may help in the preparation of legend drugs or controlled substances for self-administration where a practitioner has determined and communicated orally or by written direction that such medication preparation assistance is necessary and appropriate. Medication assistance shall not include assistance with intravenous medications or injectable medications, except prefilled insulin syringes.
(16) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
(17) "Practitioner" means:
(a) A physician under chapter
18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter
18.57 RCW, a dentist under chapter
18.32 RCW, a podiatric physician and surgeon under chapter
18.22 RCW, an acupuncturist or acupuncture and Eastern medicine practitioner to the extent authorized under chapter
18.06 RCW and the rules adopted under RCW
18.06.010(1)(m), a veterinarian under chapter
18.92 RCW, a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter
18.79 RCW, an optometrist under chapter
18.53 RCW who is certified by the optometry board under RCW
18.53.010, a physician assistant under chapter
18.71A RCW, a naturopath licensed under chapter
18.36A RCW, a licensed athletic trainer to the extent authorized under chapter
18.250 RCW, a pharmacist under chapter
18.64 RCW, when acting under the required supervision of a dentist licensed under chapter
18.32 RCW, a dental hygienist licensed under chapter
18.29 RCW, ((
or)) a licensed dental therapist to the extent authorized under chapter
18.265 RCW
, or a licensed midwife to the extent authorized under chapter 18.50 RCW;
(b) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a legend drug in the course of professional practice or research in this state; and
(c) A physician licensed to practice medicine and surgery or a physician licensed to practice osteopathic medicine and surgery in any state, or province of Canada, which shares a common border with the state of Washington.
(18) "Secretary" means the secretary of health or the secretary's designee.
Sec. 2. RCW
69.41.030 and 2023 sp.s. c 1 s 4 are each amended to read as follows:
(1) It shall be unlawful for any person to sell or deliver any legend drug, or knowingly possess any legend drug, or knowingly use any legend drug in a public place, except upon the order or prescription of a physician under chapter
18.71 RCW, an osteopathic physician and surgeon under chapter
18.57 RCW, an optometrist licensed under chapter
18.53 RCW who is certified by the optometry board under RCW
18.53.010, a dentist under chapter
18.32 RCW, a podiatric physician and surgeon under chapter
18.22 RCW,
a licensed midwife to the extent authorized under chapter 18.50 RCW, a veterinarian under chapter
18.92 RCW, a commissioned medical or dental officer in the United States armed forces or public health service in the discharge of his or her official duties, a duly licensed physician or dentist employed by the veterans administration in the discharge of his or her official duties, a registered nurse or advanced registered nurse practitioner under chapter
18.79 RCW when authorized by the
board of nursing ((
care quality assurance commission)), a pharmacist licensed under chapter
18.64 RCW to the extent permitted by drug therapy guidelines or protocols established under RCW
18.64.011 and authorized by the commission and approved by a practitioner authorized to prescribe drugs, a physician assistant under chapter
18.71A RCW when authorized by the Washington medical commission, or any of the following professionals in any province of Canada that shares a common border with the state of Washington or in any state of the United States: A physician licensed to practice medicine and surgery or a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed advanced registered nurse practitioner, a licensed physician assistant, or a veterinarian licensed to practice veterinary medicine: PROVIDED, HOWEVER, That the above provisions shall not apply to sale, delivery, or possession by drug wholesalers or drug manufacturers, or their agents or employees, or to any practitioner acting within the scope of his or her license, or to a common or contract carrier or warehouse operator, or any employee thereof, whose possession of any legend drug is in the usual course of business or employment: PROVIDED FURTHER, That nothing in this chapter or chapter
18.64 RCW shall prevent a family planning clinic that is under contract with the health care authority from selling, delivering, possessing, and dispensing commercially prepackaged oral contraceptives prescribed by authorized, licensed health care practitioners: PROVIDED FURTHER, That nothing in this chapter prohibits possession or delivery of legend drugs by an authorized collector or other person participating in the operation of a drug take-back program authorized in chapter
69.48 RCW.
(2)(a) A violation of this section involving the sale, delivery, or possession with intent to sell or deliver is a class B felony punishable according to chapter
9A.20 RCW.
(b) A violation of this section involving knowing possession is a misdemeanor. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services.
(c) A violation of this section involving knowing use in a public place is a misdemeanor. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services.
(d) No person may be charged with both knowing possession and knowing use in a public place under this section relating to the same course of conduct.
(e) In lieu of jail booking and referral to the prosecutor for a violation of this section involving knowing possession, or knowing use in a public place, law enforcement is encouraged to offer a referral to assessment and services available under RCW
10.31.110 or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW
36.28A.450, law enforcement assisted diversion programs established under RCW
71.24.589, and the recovery navigator program established under RCW
71.24.115.
(3) For the purposes of this section, "public place" has the same meaning as defined in RCW
66.04.010, but the exclusions in RCW
66.04.011 do not apply.
(4) For the purposes of this section, "use any legend drug" means to introduce the drug into the human body by injection, inhalation, ingestion, or any other means.
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